How bankruptcy attorneys request a copy of last year’s tax return from clients
By Arthur Teboul, DokuTrak · Published
In short
Ask the client for the most recently filed federal return, Form 1040 with every schedule, or an IRS transcript if the copy is lost. The debtor must give the trustee that return at least 7 days before the meeting of creditors, so ask for it at the first meeting, not after the petition is filed.
Why bankruptcy attorneys need a copy of last year’s tax return
Section 521(e)(2) requires the debtor to give the trustee the most recent federal tax return, or a transcript, at least 7 days before the § 341 meeting. The return also shows income for the Statement of Financial Affairs, the refund the client expects, which can be an asset, and any tax debt to list on the schedules.
Client guide: where to find a copy of last year’s tax return
What exactly to ask for
The complete Form 1040 as filed for the most recent tax year, with all schedules and attachments, plus the state return if your trustee asks for it. If the client cannot find a copy, they can download a tax return transcript from their IRS Online Account. Ask whether a return for a later year is still unfiled.
What to check when it arrives
- It is the most recent year actually filed, not a draft or an earlier year.
- All schedules are attached, including Schedule C for self-employment income.
- The refund or balance due is noted, since a pending refund and unpaid taxes both affect the schedules.
Email to send your client
Replace the bracketed parts. The same text fits in the message of a DokuTrak request (up to 1,000 characters).
Subject: Your most recent tax return
Hi [Client name],
Thank you for everything you have sent so far. You are doing the hard part, and we are moving forward.
The trustee needs a copy of your most recently filed federal tax return before your meeting of creditors. Please send the full Form 1040 with all its pages and schedules. If your tax preparer has a PDF, that is perfect. If you cannot find it, you can download a transcript from your IRS online account, and I can walk you through it.
Could you send it by [date]? If a recent year was never filed, please tell me; it happens, and we will handle it together.
With care, [Your name]
Sources
The rules above come from these primary sources. Check them, and your local rules, before you rely on them.
Ask once. DokuTrak does the chasing.
- Your client uploads from one link, with no account and no password.
- Reminders go out on a schedule, by default 2, 5, 10 and 14 days after the request, until the file arrives.
- With AI review switched on in your workspace (it is off by default), each upload gets a first pass that flags a file that is not a copy of last year’s tax return or an unreadable or blurry scan. It says so when it is not sure.
- You accept every file or mark it for re-upload, and your client gets the note by email. The AI never accepts a file.